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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of certain elected public officers to |
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information of certain governmental and public entities; creating a |
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criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. RIGHT TO INFORMATION BY ELECTED OFFICERS OF GOVERNING |
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BODIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 620.001. DEFINITIONS. In this chapter: |
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(1) "Governmental entity" means a state governmental |
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body or a political subdivision of this state. |
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(2) "Information" means information that is written, |
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recorded, produced, collected, assembled, or maintained by or for a |
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governmental entity or public entity that the governmental or |
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public entity possesses or is authorized to possess, including: |
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(A) any physical or electronic document, |
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message, report, book, photograph, recording, drawing, diagram, or |
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item of data stored electronically; and |
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(B) any electronic communication created, |
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transmitted, received, or maintained on any device if the |
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communication is in connection with the transaction of official |
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business of the governmental or public entity. |
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(3) "Public entity" means an entity created by a |
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governmental entity. |
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(4) "Public officer" means an elected member of the |
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governing body of: |
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(A) a board, commission, or other body with more |
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than one member that supervises, manages, or controls a state |
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governmental body; or |
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(B) a political subdivision of this state. |
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(5) "State governmental body" means a board, |
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commission, department, committee, institution, agency, or office |
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that is within the executive branch of state government. |
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Sec. 620.002. APPLICABILITY OF OTHER LAW. (a) Chapter 552 |
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does not apply to a request for information made under this chapter. |
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(b) Notwithstanding any other provision of law, including a |
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provision that provides a manner by which to resolve a conflict |
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between provisions of law, the provisions of this chapter prevail |
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to the extent of any conflict with another provision of law. |
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Sec. 620.003. EFFECT OF CHAPTER. (a) This chapter does not |
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affect: |
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(1) the right of a public officer to obtain |
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information under other law; |
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(2) the procedures under which the information is |
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obtained under other law; or |
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(3) the use that may be made of the information |
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obtained under other law. |
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(b) This chapter does not grant authority to withhold |
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information from a public officer. |
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SUBCHAPTER B. RIGHT TO INFORMATION |
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Sec. 620.051. RIGHT TO INFORMATION FROM GOVERNMENTAL |
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ENTITY. (a) A public officer has a right of access to information |
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of the governmental entity to which the officer is elected. |
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(b) A public officer has a right to require the governmental |
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entity to which the officer is elected to compile, analyze, |
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describe, report, summarize, or otherwise manipulate and prepare |
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information of the governmental entity for the officer. |
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(c) This section does not affect the inherent oversight |
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authority that a member of a governing body has over the |
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governmental entity to which the officer is elected. |
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Sec. 620.052. RIGHT TO INFORMATION FROM PUBLIC ENTITY. (a) |
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A public officer has a right of access to information of a public |
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entity created by the governmental entity to which the officer is |
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elected. |
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(b) A public officer has a right to require a public entity |
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created by the governmental entity to which the officer is elected |
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to compile, analyze, describe, report, summarize, or otherwise |
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manipulate and prepare information of the public entity for the |
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officer. |
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Sec. 620.053. PROVISION OF INFORMATION. (a) Following a |
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request for information authorized by this subchapter, the |
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governmental or public entity that received the request shall |
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provide the requested information, including confidential |
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information or information otherwise excepted from disclosure, to |
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the requestor. |
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(b) The requestor is not required to specify the purpose for |
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which the information is requested. |
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(c) A governmental or public entity must provide requested |
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information to a requestor promptly, but not later than the seventh |
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day, or as soon as practicable as agreed to by the governmental or |
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public entity and the requestor, following the date the request is |
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received. |
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(d) A governmental or public entity must provide requested |
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information in the manner and format requested by the requestor, |
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including: |
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(1) by allowing the requestor unrestricted access to |
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any physical information of the governmental or public entity; |
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(2) by allowing the requestor to make copies or other |
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reproductions of the information; and |
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(3) by manipulating or preparing information as |
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authorized by Sections 620.051(b) and 620.052(b). |
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(e) A governmental or public entity must provide |
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information under this section without charge to the requestor. |
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(f) A governmental or public entity may not require a |
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requestor to sign a confidentiality agreement in order to receive |
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information requested under this subchapter. |
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(g) A public officer who receives confidential information |
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under this subchapter must use the information only in a manner that |
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maintains the confidential nature of the information and may not |
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disclose or release the information to the public. |
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Sec. 620.054. RELEASE OF CONFIDENTIAL INFORMATION TO |
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ATTORNEY OF PUBLIC OFFICER. (a) A public officer has the right to |
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release information received from a governmental or public entity |
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under this subchapter to the officer's attorney for the purpose of |
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receiving legal advice. |
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(b) A public officer may not release information to the |
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officer's attorney unless: |
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(1) the officer has notified the governmental or |
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public entity that provided the information to the officer that the |
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officer intends to release the information to the attorney; and |
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(2) the governmental or public entity has: |
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(A) authorized the release of the information; or |
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(B) received from the attorney an executed |
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confidentiality agreement authorized by Section 620.055. |
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(c) A governmental or public entity must authorize the |
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release of information or submit a confidentiality agreement |
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authorized by Section 620.055 to the public officer's attorney not |
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later than the third business day following the date the officer |
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notifies the governmental or public entity that the officer intends |
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to release the information or the governmental or public entity |
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waives the right to require the attorney to sign the agreement. |
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(d) An attorney who receives confidential information under |
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this section, including information excepted from disclosure under |
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law and covered by a confidentiality agreement, must use the |
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information only in a manner that maintains the confidential nature |
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of the information and may not disclose or release the information |
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to the public. |
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Sec. 620.055. CONFIDENTIALITY AGREEMENT. (a) A |
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governmental or public entity may require an attorney who receives |
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information from a public officer under this subchapter that is |
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confidential or otherwise excepted from disclosure under law to |
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sign a confidentiality agreement that covers the information. |
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(b) Except for a requirement prescribed by federal law, a |
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confidentiality agreement may only require that: |
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(1) the information not be disclosed by the public |
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officer's attorney; |
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(2) the information be labeled as confidential; |
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(3) the information be kept securely; or |
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(4) the number of copies made of the information or the |
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notes taken from the information that implicate the confidential |
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nature of the information be controlled, with all copies or notes |
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that are not destroyed or returned remaining confidential and |
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subject to the confidentiality agreement. |
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(c) A confidentiality agreement signed under Subsection (a) |
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is void to the extent that the agreement covers information that is |
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finally determined under Section 620.056 to not be confidential or |
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otherwise excepted from disclosure under law. |
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Sec. 620.056. DECISION BY ATTORNEY GENERAL REGARDING |
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CONFIDENTIALITY OR DISCLOSURE. (a) An attorney who is required to |
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sign a confidentiality agreement under Section 620.055 may seek a |
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decision from the attorney general about whether the information |
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covered by the agreement is confidential or otherwise excepted from |
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disclosure under law. |
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(b) The attorney general by rule shall establish procedures |
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and deadlines for: |
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(1) receiving information necessary to determine |
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whether the information covered by a confidentiality agreement is |
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confidential or otherwise excepted from disclosure under law; and |
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(2) receiving briefs from the public officer who |
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requested the information, the officer's attorney, a governmental |
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or public entity providing information under this subchapter, and |
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any other interested person. |
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(c) The attorney general shall render the decision not later |
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than the 45th business day after the date the attorney general |
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receives the request for a decision. If the attorney general is |
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unable to issue the decision within the 45-day period, the attorney |
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general may during that 45-day period extend the period for issuing |
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the decision by an additional 10 business days by informing the |
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public officer who requested the information, the officer's |
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attorney, the governmental or public entity, and any interested |
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person who submitted necessary information or a brief to the |
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attorney general of the reason for the delay. |
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(d) The attorney general shall issue a written decision and |
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provide a copy of the decision to the public officer who requested |
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the information, the officer's attorney, the governmental or public |
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entity, and any interested person who submitted necessary |
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information or a brief to the attorney general under this section. |
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(e) The public officer's attorney or the governmental or |
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public entity may appeal a decision of the attorney general under |
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Subsection (d) to a district court of Travis County. |
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Sec. 620.057. CONFIDENTIALITY NOT WAIVED. A governmental |
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or public entity, by providing information under this subchapter |
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that is confidential or otherwise excepted from disclosure under |
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law, does not waive or affect the confidentiality of the |
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information for purposes of state or federal law or waive the right |
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of the governmental or public entity to assert exceptions to |
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disclosure of the information in the future. |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 620.101. SUIT FOR WRIT OF MANDAMUS. (a) A person , or |
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the attorney general on request of the person, may file suit for a |
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writ of mandamus compelling a governmental or public entity to |
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provide information requested under this chapter to which the |
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person has a right. |
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(b) A suit filed by a person under this section to compel the |
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provision of information must be filed in a district court of the |
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county in which the main offices of the governmental or public |
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entity are located. A suit filed by the attorney general under this |
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section must be filed in a district court of Travis County. |
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Sec. 620.102. FAILURE OR REFUSAL TO PROVIDE INFORMATION. |
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(a) A person who is an officer for public information under Chapter |
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552 for a governmental or public entity, or the officer's agent, |
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commits an offense if, with criminal negligence, the officer or the |
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officer's agent fails or refuses to provide information to a public |
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officer as provided by this chapter. |
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(b) An offense under this section is a Class A misdemeanor. |
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SECTION 2. Not later than January 1, 2018, the attorney |
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general shall adopt rules establishing the procedures and deadlines |
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required by Section 620.056(b), Government Code, as added by this |
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Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2018. |
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(b) Section 2 of this Act takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, Section 2 of this Act takes effect September 1, 2017. |